The Council of the City of Waukegan met in regular session on Monday, October 15, 2007 at 8:00P.M. in the City Council Chambers, City Hall 100 North Martin Luther King Jr. Avenue.  Mayor Hyde, City Clerk, Wayne Motley, City Treasurer, Pat Dutcher and Corporation Counsel, Brian Grach were present.

 

 

ROLL CALL:

 

Present:  Aldermen Figueroa, Newsome, TenPas, Needham, Larsen, Rivera, Cunningham, Balen and Moisio

 

Absent:  None

 

 

INVOCATION: 

 

Reverend Coburn pronounced the Invocation and the Pledge of Allegiance was led by Mayor Hyde.

 

 

APPROVE MINUTES OF

OCTOBER 15, 2007

 

 

APPROVED

 

MINUTES:

 

1. Motion by Alderman Needham, seconded by Alderman Rivera to approve Minutes of

October 15, 2007.

 

 

MOTION PASSED

 

 

 

TO PAY THE 2007/2008 ANNUAL MEMBERSHIP ASSESSMENT FEE

 

 

 

 

 

 

 

 

APPROVED

COMMITTEE REPORTS:

PUBLIC SAFETY COMMITTEE REPORTS CHAIRMAN ALDERMAN RIVERA:

 

2.  Motion by Alderman Rivera, seconded by Alderman Larsen to pay the 2007/2008 annual membership assessment fee of $105,132.00 to the Northeastern IL Regional Crime Lab, 1000 Butterfield Road, Suite 1009, Vernon Hills, IL.

 

ROLL CALL:  AYES:  Aldermen Figueroa, Newsome, TenPas, Needham, Larsen, Rivera, Cunningham, Balen and Moisio

 

NAYS:  None

 

ABSENT:  None

 

MOTION PASSED

 

C.C. DRAFT AN ORDINANCE TO AMEND ORDINANCE SECTION 21-120

 

 

APPROVED

 

3.  Motion by Alderman Rivera, seconded by Alderman Newsome that Corporation Counsel draft an ordinance to change the Ordinance Section 21-120 to reflect that the parking restrictions be altered to allow parking on Pine Street on Saturdays between 9:00 am and 2:00 pm, between Ridgeland and Glen Flora.

 

MOTION PASSED

 

 

C.C. DRAFT AN ORDINANCE TO AMEND ORDINANCE SECTION 21-194

 

 

APPROVED

PUBLIC SAFETY COMMITTEE REPORTS CHAIRMAN ALDERMAN RIVERA cont.:

 

4.  Motion by Alderman Rivera, seconded by Alderman Larsen that Corporation Counsel draft an ordinance amending Section 21-194 to allow charitable organizations to solicit donations in the roadway.

 

 

MOTION PASSED

 

 

 

INFORMATION ONLY

INFORMATION ONLY:

                                                     Police Department

 

5.  Checks received from the U.S. Department of Justice, DEA and the Illinois State Police

The Waukegan Police Department received Equitable Sharing payments in the amount of $101,312.38 from the U.S. Department of Justice, Drug Enforcement Administration.

 

                                                       Fire Department     

 

Fire Prevention Week Activities

Firefighters and Officers from the Waukegan Fire Department have once again this year been visiting Waukegan Public Schools during Fire Prevention Week (October 8-12).  In addition to the distribution of information pertaining to public education and fire safety, children personally meet the firefighters which we believe serve as positive role models.

 

Fire Department Open House         

The 2007 Fire Department Open House was held on Saturday, October 6, 2007 at Fire Station #2 located at 4505 McGaw Road.  Residents from the community attended the event and reviewed displays from the numerous programs and services that the department offers to the public.

 

Grant Award                           

The Waukegan Fire Department has received a grant from the Federal Emergency Management Agency (FEMA) in the amount of $268,700.00.  The grant award was in the category of Operations and Safety for personal protective equipment specifically, Self Contained Breathing Apparatus (SCBA).

 

Citizens Fire Academy

Enrollment for the first Citizens Fire Academy did not meet expectations and has been rescheduled to this coming spring in 2008.

 

 

 

 

TO CONNECT CITY OF WAUKEGAN WATER SYSTEM AT 37885 CHARLESTON

 

 

 

 

 

 

 

APPROVED

COMMITTEE REPORTS:

PUBLIC WORKS COMMITTEE REPORTS CHAIRMAN ALDERMAN TENPAS:

 

6.  Motion by Alderman TenPas, seconded by Alderman Rivera to approve the request from the homeowner of 37885 Charleston, Village of Beach Park, Illinois to connect to the City of Waukegan Water System.

 

ROLL CALL:  AYES:  Aldermen Figueroa, Newsome, TenPas, Needham, Larsen, Rivera, Cunningham, Balen and Moisio

 

NAYS:  None

 

ABSENT:  None

 

MOTION PASSED

 

 

TO ACCEPT THE RELEASE AGREEMENT WITH BOND SAFEGUARD INSURANCE CO FOR BLANCHARD RD

 

 

 

 

 

 

 

APPROVED

PUBLIC WORKS COMMITTEE REPORTS CHAIRMAN ALDERMAN TENPAS cont.:

 

7.  Motion by Alderman TenPas, seconded by Alderman Rivera to accept the Release Agreement with the Bond Safeguard Insurance Co. of Heritage, TN and to pay the City $99,621.07 for the paving of Blanchard Road.

 

ROLL CALL:  AYES:  Aldermen Figueroa, Newsome, TenPas, Needham, Larsen, Rivera, Cunningham, Balen and Moisio

 

NAYS:  None

 

ABSENT:  None

 

MOTION PASSED

 

TO ACCEPT THE PROPOSAL FOR CONTRACT 2007-37-ENVIRONMENTAL INVESTIGATION

 

 

 

 

 

 

 

 

 

 

APPROVED

                                                   

8.  Motion by Alderman TenPas, seconded by Alderman Rivera to accept the proposal from STS Consultants of Vernon Hills, Illinois for Contract 2007-37- Environmental Investigation for the clean-up of 11 W. Clayton Street and 117 Dugan Street (the former U.S. Rubber Site) at a cost not to exceed $53,500.  The City will pay 50% or $70,000 of the $140,000.00 grant received from the County, the balance of $86,500 would be paid by the County and would be used for the actual removal of the contaminated soils on the site.

 

ROLL CALL:  AYES:  Aldermen Figueroa, Newsome, TenPas, Needham, Larsen, Rivera, Cunningham, Balen and Moisio

 

NAYS:  None

 

ABSENT:  None

 

MOTION PASSED

 

TO ACCEPT THE PROPOSAL FOR CONTRACT 2007-38-PHASE I ENGINEERING

 

 

 

 

 

 

 

 

 

 

APPROVED

 

9.  Motion by Alderman TenPas, seconded by Alderman Rivera to accept the proposal from the Ciorba Group for Contract 2007-38-Phase I Engineering for the Genesee Street Bridge and the Belvidere Street Bridge in the amount of $210,874.  Of this amount $161,042 would qualify for the Federal Highway Bridge Program (HBP) Funds, there was $100,000 in Fund 260-126024435 for the City’s portion with the City paying the remaining $49,832.

 

ROLL CALL:  AYES:  Aldermen Figueroa, Newsome, TenPas, Needham, Larsen, Rivera, Cunningham, Balen and Moisio

 

NAYS:  None

 

ABSENT:  None

 

MOTION PASSED

 

 

 

 

 

 

 

 

 

 

 

 

TO APPROVE THE PROPOSAL FOR CONTRACT 2007-39-SOIL INVESTIGATION

 

 

 

 

 

 

 

 

 

APPROVED

 

 

 

 

 

 

 

 

 

 

PUBLIC WORKS COMMITTEE REPORTS CHAIRMAN ALDERMAN TENPAS cont.:

 

10.  Motion by Alderman TenPas, seconded by Alderman Rivera to approve the proposal from STS Consultants for Contract 2007-39-Soil Investigation for the relocation of the EJ & E Railway on the lakefront in order to make room for the development of the south lakefront in an amount not to exceed $49,650.

 

ROLL CALL:  AYES:  Aldermen Figueroa, Newsome, TenPas, Needham, Larsen, Rivera, Cunningham, Balen and Moisio

 

NAYS:  None

 

ABSENT:  None

 

MOTION PASSED

 

APPROVE CHANGE ORDER #1 FOR CONTRACT 2007-27-RESURFACING GREENWOOD AVENUE

 

 

 

 

 

 

 

 

APPROVED

 

11.  Motion by Alderman TenPas, seconded by Alderman Rivera to approve Change Order #1 for Contract 2007-27-Resurfacing Greenwood Avenue from Pershing Road to the east end of Greenwood Avenue with Peter Baker & Son in the amount not to exceed $26,459.23 which increases the contract amount from $74,735.00 to $101,194.

 

ROLL CALL:  AYES:  Aldermen Figueroa, Newsome, TenPas, Needham, Larsen, Rivera, Cunningham, Balen and Moisio

 

NAYS:  None

 

ABSENT:  None

 

MOTION PASSED                                  

 

WAIVE THE BID PROCEDURE AND PURCHASE A 2008 FORD F-450 TRUCK

 

 

 

 

 

 

 

 

 

MOTION PASSED

 

12.  Motion by Alderman TenPas, seconded by Alderman Rivera to waive the bid procedure and purchase a 2008 Ford F-450 Truck from Currie Motors Frankfort of Frankfort, Illinois in an amount not to exceed $49,227.00.  We contacted the Illinois Municipal Buying Group and therefore we got the truck at a discounted price.

 

ROLL CALL:  AYES:  Aldermen Figueroa, Newsome, TenPas, Needham, Larsen, Rivera, Cunningham, Balen and Moisio

 

NAYS:  None

 

ABSENT:  None

 

MOTION PASSED

 

 

 

 

 

 

 

 

 

 

 

 

 

 

APPROVE CONTRACT 2007-36-PURCHASE ROAD ROCK SALT

 

 

 

 

 

 

 

 

 

APPROVED

 

 

 

 

 

 

 

 

 

 

 

 

PUBLIC WORKS COMMITTEE REPORTS CHAIRMAN ALDERMAN TENPAS cont.:

 

13.  Motion by Alderman TenPas, seconded by Alderman Rivera to approve Contract 2007-36-Purchase Road Rock Salt for the 2007-2008 Winter Season from North American Salt Company of Overland Park, Kansas through a state bid in an amount not to exceed $400,000.00 for 9,000 tons of rock salt at a unit cost of $41.65 per ton.

 

ROLL CALL:  AYES:  Aldermen Figueroa, Newsome, TenPas, Needham, Larsen, Rivera, Cunningham, Balen and Moisio

 

NAYS:  None

 

ABSENT:  None

 

MOTION PASSED

 

TO APPROVE THE FINAL CHANGE ORDER FOR THE WEST SEDIMENTATION BASIN

 

 

 

 

 

 

 

APPROVED

 

14.  Motion by Alderman TenPas, seconded by Alderman Rivera to approve the final change order for the West Sedimentation Basin with Carmin Construction in the amount not to exceed $17,995.90 which is a 3% increase of the original contract of $558,300.00 to $576,295.90.

 

ROLL CALL:  AYES:  Aldermen Figueroa, Newsome, TenPas, Needham, Larsen, Rivera, Cunningham, Balen and Moisio

 

NAYS:  None

 

ABSENT:  None

 

MOTION PASSED

 

WAIVE THE BID PROCEDURE AND REPLACE THE SLUDGE PUMP #1 AT THE WATER PLANT

 

 

 

 

 

 

 

APPROVED

 

15.  Motion by Alderman TenPas, seconded by Alderman Rivera to waive the bid procedure and award the quote to Thomas Pump Company of Aurora, Illinois to replace the Sludge Pump #1 at the Water Plant in an amount not to exceed $6,672.00.

 

ROLL CALL:  AYES:  Aldermen Figueroa, Newsome, TenPas, Needham, Larsen, Rivera, Cunningham, Balen and Moisio

 

NAYS:  None

 

ABSENT:  None

 

MOTION PASSED

 

 

WAIVE THE FORMAL BID PROCEDURES TO PURCHASE 100 PARKING MECHANISMS

 

 

 

 

 

 

 

 

APPROVED

OLD BUSINESS:

 

16.  Motion by Alderman Needham, seconded by Alderman TenPas to waive the bid procedures to purchase 100 parking mechanisms from our exclusive vendor, Duncan Parking Technologies not to exceed $15,500.

 

ROLL CALL:  AYES:  Aldermen Figueroa, Newsome, TenPas, Needham, Larsen, Rivera, Cunningham, Balen and Moisio

 

NAYS:  None

 

ABSENT:  None

 

MOTION PASSED

 

 

APPROVE PAYROLL DATED OCTOBER 12, 2007

 

 

 

 

 

 

 

 

APPROVED

NEW BUSINESS:

 

17.  Motion by Alderman Needham, seconded by Alderman TenPas to approve payroll dated October 12, 2007 in the amount of $1,427,823.42.

 

ROLL CALL:  AYES:  Aldermen Figueroa, Newsome, TenPas, Needham, Larsen, Rivera, Cunningham, Balen and Moisio

 

NAYS:  None

 

ABSENT:  None

 

MOTION PASSED 

 

APPROVE BILLS DATED

OCTOBER 15, 2007

 

 

 

 

 

 

 

 

APPROVED

 

18.  Motion by Alderman Needham, seconded by Alderman TenPas to approve bills dated October 15, 2007 in the amount of $1,811,767.17.

 

ROLL CALL:  AYES:  Aldermen Figueroa, Newsome, TenPas, Needham, Larsen, Rivera, Cunningham, Balen and Moisio

 

NAYS:  None

 

ABSENT:  None

 

MOTION PASSED

 

APPROVE ALL BLOCK PARTY REQUESTS

 

APPROVED

 

19.  Motion by Alderman Balen, seconded by Alderman Cunningham to approve all Block Party Requests.

 

MOTION PASSED

 

TO ACCEPT AND PLACE ON FILE THE MONTHLY REPORTS

 

APPROVED

 

20.  Motion by Alderman Newsome, seconded by Alderman Larsen to accept and place on file the monthly reports for the Building Department, City Clerk’s Office, Treasurer’s Office and Collector’s Office for September 2007.

 

MOTION PASSED

 

TERMINATION OF WAUKEGAN HARBOR GREAT LAKES LEGACY ACT PROJECT AGREEMENT

 

 

21.  Motion by Alderman Needham, seconded by Alderman Figueroa to terminate the  Waukegan Harbor Great Lakes Legacy Act Project Agreement for Remedial Design with the USEPA.

 

TO POSTPONE INDEFINITELY

 

 

 

 

 

 

 

 

DISAPPROVED

 

22.  Motion by Alderman Needham, seconded by Alderman Larsen to postpone indefinitely the above motion.

 

ROLL CALL:  AYES:  Aldermen Figueroa, Newsome, TenPas and Needham

 

NAYS:  Aldermen Larsen, Rivera, Cunningham, Balen and Moisio

 

ABSENT:  None

 

MOTION DENIED

 

 

 

 

TERMINATION OF WAUKEGAN HARBOR GREAT LAKES LEGACY ACT PROJECT AGREEMENT

 

HELD OVER

 

 

NEW BUSINESS cont.:

 

23.  Motion by Alderman Needham, seconded by Alderman Figueroa to terminate the  Waukegan Harbor Great Lakes Legacy Act Project Agreement for Remedial Design with the USEPA.

 

 

HELD OVER BY ALDERMAN CUNNINGHAM

 

AUTHORIZATION TO THE MAYOR TO EXECUTE THE PARTIAL SETTLEMENT AGREEMENT

 

 

 

 

 

 

 

APPROVED

 

24.  Motion by Alderman Larsen, seconded by Alderman TenPas the authorization to the Mayor to execute the partial settlement agreement and release in connection with the Yeoman Creek Landfill Remediation dispute with Contractor.

 

ROLL CALL:  AYES:  Aldermen Figueroa, Newsome, TenPas, Needham, Larsen, Rivera, Cunningham, Balen and Moisio

 

NAYS:  None

 

ABSENT:  None

 

MOTION PASSED

 

 

TO ADOPT AN ORDINANCE APPROVING THE CONDITIONAL USE PERMIT FOR A FINANCIAL INSTITUTION

07-O-115

 

 

 

 

 

APPROVED

ORDINANCES/RESOLUTIONS:

 

25.  Motion by Alderman Moisio, seconded by Alderman Balen to adopt, as presented, an ordinance approving the conditional use permit for a Financial Institution (Fifth Third Bank) at 720 N. Green Bay Rd.

 

ROLL CALL:  AYES:  Aldermen Figueroa, Newsome, TenPas, Needham, Larsen, Rivera, Cunningham, Balen and Moisio

 

NAYS:  None

 

ABSENT:  None

 

MOTION PASSED

 

TO ADOPT AN ORDINANCE APPROVING THE PUBLIC PASSENGER BUSINESS LICENSE

 

 

HELD OVER

 

26.  Motion by Alderman Larsen, seconded by Alderman Newsome to adopt, as presented, an ordinance approving the Public Passenger Business License for R and R Enterprises at 3042 Sunset Ave.

 

 

 

HELD OVER UNTIL THE NEXT MEETING

 

 

KATHY FONTANA

1534 WASHINGTON

AUDIENCE TIME:

 

27.  She is Chairman of the Waukegan Chamber and would like to invite everyone to the next quarterly meeting on November 6.  Immigration laws will be discussed and Alderman Larsen will talk about the Lakefront issues as well.

 

 

REGINA PRESLEY

705 WISCONSIN AVE

 

 

 

 

 

SANTIAGO BARRAGAN

709 WISCONSIN AVE

 

 

 

 

28.  She is a resident of the 2nd Ward.  Her property is adjacent to the North Shore Savings & Trust Bank.  The Bank is putting in drive-thru lanes and she is worried about the value of her home.  There is also a dumpster right in front of the house.  The Bank didn’t get a building permit prior to starting the project.  Why weren’t they notified in 1999, when the property was rezoned? (Mayor Hyde replied, He will look into the situation)

AUDIENCE TIME cont.:

 

29.  He was going to speak on the same subject as Regina Presley, she pretty much covered everything.

 

CHARLES BROOKS

701 WISCONSIN AVE

 

 

 

30.  He was also going to speak about the same subject, he has only one question, Why was the dumpster moved in front of his property?

 

(Mayor Hyde replied, The dumpster will be moved tomorrow morning)

 

ALDERMAN FIGUEROA

 

31.  No Comment.

 

ALDERMAN NEWSOME

 

32. No Comment.

 

ALDERMAN TENPAS

 

33.  No Comment

 

ALDERMAN NEEDHAM

 

34.  No Comment.

 

ALDERMAN LARSEN

 

35.  It was a great Restaurant Crawl last Wednesday.  Thanked Teddy Anderson.

 

ALDERMAN RIVERA

 

36.  The Puerto Rican Society had their 43rd Scholarship Banquet, thanked the City for their support.  Thanked John Jurkovac, Edna Nieves, Tara Cortichiato, Jennifer Carabello for all their outstanding work.  Thanked the Fire Chief and staff for their assistance, he was stung by a wasp three times and had a serious reaction, the Fire Department staff assisted him.

 

 

ALDERMAN CUNNINGHAM

 

37.  Prayers & Condolences to the Darby Family on the passing of their mother, whom passed away of cancer.  Regarding the dispute with Blue Cross/Blue Shield and Condell Medical Center, the biggest benefactor of all this will be Vista Medical Center.  Now you will see which is the better hospital.

 

 

ALDERMAN BALEN

 

38.  To the residents complaining about the rezoning of the bank, they have a right to expand their bank.  North Shore Savings & Trust has been there for over 35 years.  It was there before the people bought their homes.

 

ALDERMAN MOISIO

 

39.  No Comment

 

EXECUTIVE SESSION

 

 

 

 

 

 

 

 

 

 

APPROVED

 

40.  Motion by Alderman Moisio, seconded by Alderman Cunningham that the City Council meeting go into Executive Session to discuss Pending Litigation and Real Estate Sales.

 TIME:  9:21 PM

 

ROLL CALL:  AYES:  Aldermen Figueroa, Newsome, TenPas, Needham, Larsen, Rivera, Cunningham, Balen and Moisio

 

NAYS:  None

 

ABSENT:  None

 

MOTION PASSED

 

 

 

RECONVENED

 

CONTINUED:

 

41.  The City Council Reconvened.  TIME:  9:56 PM

 

ROLL CALL:  PRESENT:  Aldermen Figueroa, Newsome, TenPas, Needham, Larsen, Rivera, Cunningham, Balen and Moisio

 

ABSENT:  None

 

 

ADJOURNMENT

 

 

 

APPROVED

 

42.  Motion by Alderman Moisio, seconded by Alderman Balen that the City Council Meeting Adjourn.  TIME:  9:57 PM

 

 

MOTION PASSED